REPORT N° 25/06 1 PETITION 12.311 ADMISSIBILITY EDUARDO BENJAMÍN COLINDRES EL SALVADOR March 14, 2006 I. SUMMARY 1. On May 4, 2000, the Inter-American Commission on Human Rights (hereinafter the "Inter-American Commission," the "Commission" or the "IACHR") received a petition from the Human Rights Institute of the "José Simeón Cañas" Central American University, IDHUCA (hereinafter "the petitioners") alleging the international responsibility of El Salvador ("the State") for violation of the human rights of Mr. Eduardo Benjamín Colindres (hereinafter "the alleged victim") in connection with his dismissal, by the Legislative Assembly, from the office of magistrate of the Supreme Electoral Tribunal. The petitioners allege that the events complained of constitute a violation of several rights protected by the American Convention on Human Rights ("the American Convention"); the right to a fair trial (Article 8); the principle of freedom from ex-post-facto laws (Article 9); protection of a person's honor and dignity (Article 11); political rights (Article 23); and the right to judicial protection (Article 25), all in violation of the general duty to respect and guarantee rights (Article 1.1) and the duty to enact domestic legislation (Article 2). 2. Concerning the admissibility of the complaint, the petitioners assert that they have exhausted the internal remedies, having filed a complaint within six months of fulfilling the formal requirements of the Convention and the Rules of Procedure of the IACHR. In response, the Salvadoran State asks that the petition be ruled inadmissible because it does not meet the requirements of Article 47.b of the Convention. The State argues that the events reported by the petitioners as alleged violations were examined by the national courts consistently with due process of law, and on the four occasions when the alleged victim asked 1 Commissioner Florentín Meléndez, a Salvadoran national, did not take part in the discussion and decisions on this report, as provided in Article 17.2.a of the Rules of Procedure of the IACHR. 1